IRENE ELIZABETH WOOTEN, APPELLANT,
v.
LONZO C. WOOTEN, SR., APPELLEE

Fla. 2d DCA | 1964-02-14
No. 4521
ALLEN, Acting C. J., and SHANNON and WHITE, TJ., concur.
160 So. 2d 746 Florida District Court of Appeal, Second District (1964) Positive Treatment
Cited by 4 cases

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Synopsis

The appellate court affirmed a lower court's order modifying a divorce decree, which changed child custody from the mother to the father and reduced child support payments. The court found the modification was justified by subsequent events and did not constitute an abuse of discretion, prioritizing the children's welfare.


Holding

No, the lower court did not err. The modification was justified by subsequent events, and the court did not abuse its discretion in prioritizing the children's welfare.


Key Quotes

“The record discloses occurrences subsequent to final decree which appear to justify the modification, and in such circumstances the chancellor's ruling must be affirmed.”

Establishes the basis for affirming the lower court's modification order.

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Facts & Procedural History

Following a final divorce decree, the mother, Irene E. Wooten, was granted custody of the two minor children and received $240.00 monthly in support. …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Irene E. Wooten brings interlocutory appeal from a post-decretal order modifying *747the final decree of divorce. The order appealed changed custody of the two minor children from mother to father and reduced the award for support payable to the mother from $240.00 to $141.00 monthly-

The record discloses occurrences subsequent to final decree which appear to justify the modification, and in such circumstances the chancellor’s ruling must be affirmed. The welfare of the children is the matter of prime concern, and we find no abuse of discretion in this respect.

By cross appeal appellee questions inter alia, the appellant’s need and right to further support payments. This was a matter within the discretion of the chancellor, and we likewise find no error.

Affirmed.

ALLEN, Acting C. J., and SHANNON and WHITE, TJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Garner v. Garner, 193 So. 2d 673 (Fla. 2d DCA 1967)
    …lative to the custody of minor children, the guiding star of the determination is the welfare of the children—Jones v. Jones, 1945, 156 Fla. 524, 23 So. 2d 623; Phillips v. Phillips, 1943, 153 Fla. 133, 13 So. 2d 922; Wooten v. Wooten, Fla.App.1960, 160 So. 2d 746. While it is quite natural for the human heart to open itself to the plight of either or both of the parents in such a situation, this basic consideration of the welfare of the children must take supreme position as against the welfare or the intere…
  • Powell v. Powell, 274 So. 2d 24 (Fla. 1st DCA 1973)
    …tive to the custody of minor children, the guiding star of the determination is the welfare of the children — Jones v. Jones, 1945, 156 Fla. 524, 23 So. 2d 623; Phillips v. Phillips, 1943, 153 Fla. 133, 13 So. 2d 922; Wooten v. Wooten, Fla.App.1960, 160 So. 2d 746.” In Anderson v. Anderson, 234 So. 2d 722 (Fla.App.1970) the situation in many respects was analogous to that here. In that case a court of a foreign jurisdiction had entered an order for temporary custody of a child. The Third District Court of Ap…

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